Assault Occassioning Actual Bodily Harm

Question 1

Assault occasioning actual bodily harm

Answer 1

Section 47 of the offences against the person act
5 years max imprisonment

Question 2

The actus reus of ABH

Answer 2

First, you must prove whether an assault or battery had been committed, then you must prove whether ‘actual bodily harm’ had occurred.

Question 3

ABH - definition and cases

Answer 3

Miller - actual bodily harm is ‘any hurt or injury calculated to interfere with the health or comfort of the victim’.
Chan Fook - ‘bodily’ is not limited to harm the skin, flesh and bones, but also includes injury to the nervous system and brain, including recognised and identifiable psychiatric harm.

Question 4

ABH- Cases

Answer 4

T v DPP - loss of momentary consciousness is ABH
Smith (Micheal) - cutting a substantial amount of hair can be ABH

Question 5

Defence of ABH

Answer 5

To reduce a sentence (partial) or to acquit the defendant completely (full).

Question 6

Consent

Answer 6

Permission for something to happen or agreement to do something.

Question 7

The defence of consent

Answer 7

The victim gives permission or allows an act or conduct to take place, which reduces the defendant’s sentence or acquits them completely. In regards to ABH, a restrictive approach is taken. Any harm that’s ABH or above cannot be consented.

Question 8

The defence of consent - cases

Answer 8

Attorney General’s Reference no. 6 - a fight which both parties consented to
R v Barnes - an instinctive error, reaction or misjudgment in the heat of a game should not be classed as criminal activity
Billinghurst - unprovoked attacks are not covered under organised sports

Question 9

Exception for defence of consent

Answer 9

The provision of properly conducted sports or horseplay.

Question 10

Mens rea and ABH

Answer 10

The defendant only needs the mens rea for assault or battery.

Question 11

Mens Rea and ABH - cases

Answer 11

Roberts - common assault
Savage - intention to apply unlawful force